California Environmental Protection Agency (Cal/EPA), Department of Toxic Substances Control (DTSC)

Although the Hazardous Materials Compliance Division (HMCD) implements DTSC's responsibilities for enforcement of generator hazardous waste regulations in Santa Clara County, DTSC performs other activities which may affect generators.

DTSC remains responsible for overseeing activities involving treatment and storage of hazardous wastes, permitting for extremely hazardous wastes, receiving Biennial Reports from all generators, and implementing the State Hazardous Waste Source Reduction and Management Review Act of 1989.

Regulations: H&S, Div. 20, Ch. 6.5 (Hazardous Waste Control Act), 6.8; CCR, Title 22, Div. 4.5, Ch. 30 (Environmental Health Standards for the Management of Hazardous Wastes); 40 CFR, Parts 260-270 (Protection of Environment).

Summary of Requirements:

• Biennial Report - Required if your businesses generates more than 5 tons/year of hazardous waste. Due March 1st of even-numbered years. Covers generator activities during the previous calendar year, including a summary of waste minimization efforts. Maintain copies for 3 years. Call the Region II office regarding this report.
• Extremely Hazardous Waste Permit - Required if you store, handle, or dispose of extremely hazardous wastes (see glossary for definition).
• Storage Permits/Variances- Required of any facility storing hazardous wastes for more than 90 days.
• Treatment Permits - Required to perform treatment of hazardous wastes. Legislation effective January 1, 1993 established a "tiered" system of permitting, with levels of stringency based on the size and environmental risk of the treatment process. Notification of existing treatment activity within any tier was required by April 1, 1993. (Call the On-site Hazardous Waste Treatment Unit for more information and notification forms.)
• Source Reduction Evaluation Review & Plan and Hazardous Waste Management Performance Report- Required (by "SB14") if you routinely generate 13 tons* of hazardous waste (or 26 lbs. of extremely hazardous waste) per year. Requires generators to review hazardous waste management practices for source reduction opportunities and report on effectiveness of current/past practices. Small businesses may use DTSC industry-specific checklists to satisfy requirements. *For certain wastes affected by land disposal restrictions/treatment standards, the threshold is 51/2 tons. Call for details.
• Inspection - Facilities with storage or full/standardized treatment permits are inspected annually. Other permit tiers will be inspected every two years.
  

Resources Available From The Region II Office of DTSC:

• Permit forms, guidance documents, and other information.
• Consultative Services (Reasonable cost, on-site consultation and training for small businesses. Completely separate from enforcement functions.)

Resources Available From The DTSC Office of Pollution Prevention & Technology Development:

• Hazardous Waste Source Reduction & Management Review Act of 1989: Fact Sheet, Guidance Manual and Appendices, Compliance Checklist
• Factsheet: Treatment Standards for Non-RCRA Hazardous Wastes
• Factsheets: Handling, transport, and recycling/disposal of spent lead-acid batteries, used oil, used oil filters, asbestos, PCBs, or lighting wastes
• Various waste minimization publications. (See Appendix A.)

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